Sierra Leone - Revision history

IBJadmin: /* Rights of the Accused */

2025-03-06T15:53:10Z

Rights of the Accused

← Older revision		Revision as of 17:53, 6 March 2025
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	<br>		<br>
	<li>'''Right to a Fair Trial and Due Process'''		<li>'''Right to a Fair Trial and Due Process'''
	<br>''Right to a fair trial''		<ul><br><li>''Right to a fair trial''
	<br><u>Article 17(4)(c) of the 2002 Statute of the Special Court for Sierra Leone</u> states:		<br><u>Article 17(4)(c) of the 2002 Statute of the Special Court for Sierra Leone</u> states:
	“In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality: … to be tried without undue delay.”		“In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality: … to be tried without undue delay.”
	<br><br>''Right to a speedy trial''		<br><br><li>''Right to a speedy trial''
	<br><u>Article 17(4)(c) of the 2002 Statute of the Special Court for Sierra Leone</u> states:		<br><u>Article 17(4)(c) of the 2002 Statute of the Special Court for Sierra Leone</u> states:
	“In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality: … to be tried without undue delay.”		“In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality: … to be tried without undue delay.”
	<br><br>''Right to an impartial judge''		<br><br><li>''Right to an impartial judge''
	<br><u>Under 23(1) of the Constitution</u>, “Whenever any person is charged with a criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”		<br><u>Under 23(1) of the Constitution</u>, “Whenever any person is charged with a criminal offence he shall unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.”
	<br><br>''Right to a trial by Jury''		<br><br><li>''Right to a trial by Jury''
	<br>“Trials are public, and the accused have a limited right to a trial by jury in the magistrate courts.” <u>Under Section 145 of the Criminal Procedures Acts of 1965</u>, a person can elect to a trial by jury, if the offence does not merit the death penalty, with a clear two-day notice to the court. <br>		<br>“Trials are public, and the accused have a limited right to a trial by jury in the magistrate courts.” <u>Under Section 145 of the Criminal Procedures Acts of 1965</u>, a person can elect to a trial by jury, if the offence does not merit the death penalty, with a clear two-day notice to the court. <br></ul>
	<br>
	<li>'''Right to Bail'''		<li>'''Right to Bail'''
	<u>Under Sec. 80 of The Criminal Procedure Acts of 1965</u> a police officer may admit bail only to those who have been arrested without a warrant, or if the warrant permits. Furthermore, once the suspected person is released, they will be recorded by their name, address, and occupation.<br>		<u>Under Sec. 80 of The Criminal Procedure Acts of 1965</u> a police officer may admit bail only to those who have been arrested without a warrant, or if the warrant permits. Furthermore, once the suspected person is released, they will be recorded by their name, address, and occupation.<br>
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	<br>		<br>
	<li>'''Right against Double Jeopardy'''		<li>'''Right against Double Jeopardy'''
	<u>Section 23 (9) of the Constitution</u> prevents double jeopardy from occurring in Sierra Leone, if the convicted was tried in a competent court.		<u>Section 23 (9) of the Constitution</u> prevents double jeopardy from occurring in Sierra Leone, if the convicted was tried in a competent court.
	~~<br>~~
	~~<br>~~
	~~<li>'''Right to Language Interpretation'''~~


	<br>		<br>

IBJadmin: /* Court Procedures */

2025-02-18T15:08:49Z

Court Procedures

← Older revision		Revision as of 17:08, 18 February 2025
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	<br>Enforcing the Rules (procedures to protect against illegal interrogation).		<br>Enforcing the Rules (procedures to protect against illegal interrogation).

			<br>
			<br>
	<br>		<br>
	==Court Procedures==		==Court Procedures==

IBJadmin: /* Court Procedures */

2025-02-18T15:08:35Z

Court Procedures

← Older revision		Revision as of 17:08, 18 February 2025
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	<br>Enforcing the Rules (procedures to protect against illegal interrogation).		<br>Enforcing the Rules (procedures to protect against illegal interrogation).

			<br>
	==Court Procedures==		==Court Procedures==
	It is under the court’s discretion as to what is probative evidence to enter the courtroom. <u>Under the Criminal Procedures Acts of 1965</u>, testimonies, statements, doctor’s notes, and confessions can all enter the courtroom with court approval. Witnesses are allowed to enter the courtroom for both defence and prosecution. However, it is widely known that trials are public in Sierra Leone, so there may be a deterrent of individuals will to serve as witnesses. Sentencing under the legislation also under the court discretion, although the Constitution does protect against torture and inhuman treatment, citizens are not likely to be given the death penalty for minor offences. As stated in the Constitution, every person has a right to counsel, however, with there being such a low number of attorneys and paralegals in Sierra Leone, the quality of representation is hindered at times.		It is under the court’s discretion as to what is probative evidence to enter the courtroom. <u>Under the Criminal Procedures Acts of 1965</u>, testimonies, statements, doctor’s notes, and confessions can all enter the courtroom with court approval. Witnesses are allowed to enter the courtroom for both defence and prosecution. However, it is widely known that trials are public in Sierra Leone, so there may be a deterrent of individuals will to serve as witnesses. Sentencing under the legislation also under the court discretion, although the Constitution does protect against torture and inhuman treatment, citizens are not likely to be given the death penalty for minor offences. As stated in the Constitution, every person has a right to counsel, however, with there being such a low number of attorneys and paralegals in Sierra Leone, the quality of representation is hindered at times.

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-18T15:08:15Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 17:08, 18 February 2025
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	<li>'''Motions'''		<li>'''Motions'''
	<br>No explicit statue protecting the right to motions.</li>		<br>No explicit statue protecting the right to motions.</li>
			<br>

	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin at 13:53, 17 February 2025

2025-02-17T13:53:35Z

← Older revision		Revision as of 15:53, 17 February 2025
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	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
	\|}		\|}


	==Background==		==Background==

IBJadmin at 13:53, 17 February 2025

2025-02-17T13:53:19Z

← Older revision		Revision as of 15:53, 17 February 2025
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	{{Languages\|English}}		{{Languages\|English}}

	<div class="box" style="padding: 40px; font-size: 1.5em; font-family: Arial, sans-serif; line-height: 1.5; border: 3px solid ~~red~~; background-color: #~~ffecec~~; text-align: center; margin: 30px;">		<div class="box" style="padding: 40px; font-size: 1.5em; font-family: Arial, sans-serif; line-height: 1.5; border: 3px solid yellow; background-color: #FFFF00; text-align: center; margin: 30px;">
	⚠️ <strong><u>THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.</u></strong> <br>If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at <strong>internationalbridges@ibj.org</strong>.		⚠️ <strong><u>THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.</u></strong> <br>If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at <strong>internationalbridges@ibj.org</strong>.
	</div>		</div>


	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"

IBJadmin at 08:48, 17 February 2025

2025-02-17T08:48:04Z

← Older revision		Revision as of 10:48, 17 February 2025
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	{{Languages\|~~Portugese~~}}
			{{Languages\|English}}

			<div class="box" style="padding: 40px; font-size: 1.5em; font-family: Arial, sans-serif; line-height: 1.5; border: 3px solid red; background-color: #ffecec; text-align: center; margin: 30px;">
			⚠️ <strong><u>THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.</u></strong> <br>If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at <strong>internationalbridges@ibj.org</strong>.
			</div>

	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"

IBJadmin at 16:17, 14 February 2025

2025-02-14T16:17:55Z

← Older revision		Revision as of 18:17, 14 February 2025
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	{{Languages\|Portugese}}		{{Languages\|Portugese}}

IBJadmin at 16:11, 14 February 2025

2025-02-14T16:11:40Z

← Older revision		Revision as of 18:11, 14 February 2025
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
	\|-		\|-
	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Cape Verde~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Sierra Leone </h2>
	* ~~Cape Verde~~ Constitution ~~1980 (rev. 1992)~~ <ref>https://www.~~constituteproject~~.~~org~~/~~constitution~~/~~Cape_Verde_1992~~		*The Constitution of Sierra Leone, 1991<ref>https://www.parliament.gov.sl/images/pdf/THE-CONSTITUTION-OF-SIERRA-LEONE-1991.pdf</ref>
	</ref>

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources </h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">E-Learning Resources </h2>

IBJadmin: /* Resources */

2025-02-14T16:06:12Z

Resources

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 ==Resources==
+'''Legislation'''
+<li>The Criminal Procedures Acts, 1965 of Sierra Leone